Allahabad High Court order: Calculation of service period from the day of joining, even if the appointment is made as a daily wage earner

The Allahabad High Court has said in one of its orders that with the commencement of the service of the employee, his period of service will be counted. He may have joined the service as a daily wage earner. On this basis the employee is entitled to get pension along with other allowances. This order has been given by Justice Saral Srivastava while hearing the petition of Municipal Corporation employee Kamaluddin.

The court has ordered the Municipal Corporation Prayagraj that all the pension related dues of the employee will have to be paid within three months of receiving the copy of the order. Counsel for the petitioner, Syed Mohammad Abbas Abdi, argued that the petitioner has been an employee of the Municipal Corporation since June 14, 1989. He was regularized on 22 September 2008 and retired in 2018. After retirement, he is entitled to other dues including pension.

The petitioner gave a letter in this regard before the Municipal Corporation on 22 February 2021 and demanded payment of other dues including pension, but the Municipal Commissioner rejected his application. The counsel for the petitioner referred to the case of Prem Singh v State of UP, Kaushal Kishor Choubey v State of UP, given by the Supreme Court in a similar case.

Whereas the counsel for the respondent opposed it. Said employee was regularized in 2008. Therefore, he is not entitled to get pension under the Pension Scheme 2005. But, setting aside the arguments of the defendant’s counsel, the court, while accepting the petitioner’s petition, ordered the Municipal Commissioner Prayagraj to pay the pension and other dues within three months.